Personal Injury Trial Report - Premises Liability

NATURE OF CASE:

Premises liability; Failure to repair broken glass shelf in retail store  

INJURIES ALLEGED:

Facial laceration

NAME OF CASE:

Doe, a minor v. Bed & Bath

AMOUNT OF SETTLEMENT

$37,500 up front plus a structure providing an additional payout of $160,000

ATTORNEYS FOR PLAINTIFFS:

Eric J. Parker

ATTORNEY FOR DEFENDANTS:

Withheld.

OTHER USEFUL INFORMATION:

The plaintiff, a 4-year-old boy, together with his mother, were customers at the defendant's retail store in Quincy.

While walking with his mother through the store, the minor plaintiff rounded a corner where a low-level counter was positioned. The minor's face rubbed against the broken edge of a glass shelf and suffered a laceration of his cheek, requiring sutures and leaving a permanent hairline scar.

The plaintiff's claim, predicated on negligence, alleged that the defendant failed to maintain its premises in reasonably safe condition for its customers. The defendant contended that insufficient evidence existed as to how long the glass shelf had been broken prior to the incident. The plaintiff was prepared to offer evidence, by way of a store employee, that the glass shelf had been broken for some time prior to the incident and failed to be repaired.

The plaintiff's counsel obtained the report of a plastic surgeon on the issue of scar revision and its expected cost. Although the remaining scar had lightened considerably since the time of the incident, the minor continued to question his mother about its existence and what could be done about eliminating it.

Following settlement discussions between the plaintiff's counsel and the defendant's insurer, the claim was settled.

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